When you lose a loved one due to someone else’s negligence or wrongful act, the grief is profound. This emotional hardship is often compounded by uncertainty about who has the legal standing to seek justice through Colorado’s wrongful death laws. Many families learn too late that crucial deadlines were missed or that the wrong person initiated a claim, potentially limiting their ability to recover the financial support and recognition they deserve.
At McCormick & Murphy P.C., we understand that wrongful death claims require both deep legal knowledge and empathetic support. With over 60 years of combined legal experience and millions of dollars recovered for Colorado clients since 1995, we stand by families, helping them understand their legal options and pursue the justice their loved ones merit.
Key Updates to Colorado’s Wrongful Death Law in 2025
Colorado’s wrongful death statute received important updates effective January 1, 2025, directly affecting who can file these claims. The most significant change expands eligibility to include siblings and their heirs as potential claimants under specific conditions. This expansion, enacted through House Bill 24-1472, shows a legislative commitment to broader family protection in wrongful death cases, offering new avenues for justice.
Additionally, the limit for non-economic damages in wrongful death cases has substantially increased to $2,125,000 for claims filed in 2025, up from approximately $679,990 in prior years. Beginning January 1, 2028, these limits will be adjusted for inflation every two years, ensuring that compensation remains fair and relevant.
These changes mean more families can seek accountability and potentially receive significantly higher compensation than was previously possible. However, the expanded eligibility also introduces new complexities in determining who should file and when, making expert legal advice more important than ever.
Understanding Who Can File a Wrongful Death Lawsuit in Colorado
Colorado’s wrongful death law sets a specific order of priority for who can file a claim, along with time restrictions that can greatly affect your family’s rights. Knowing this order is essential for safeguarding your family’s future.
First Year After Death: Surviving Spouse Has Priority
During the first year following your loved one’s death, only the surviving spouse holds the automatic right to file a wrongful death lawsuit. However, the spouse can provide written consent allowing children or other eligible heirs to join the claim or file their own separate action.
This priority system helps prevent multiple, conflicting lawsuits and ensures that the person who likely suffered the greatest immediate loss takes the lead. If you are a surviving spouse, you have significant discretion over how the claim moves forward during this initial year.
Second Year After Death: Eligibility Broadens
If no wrongful death lawsuit was filed during the first year, or if there is no surviving spouse, the law extends eligibility to additional family members during the second year. Children of the deceased and designated beneficiaries may file claims during this period.
Should there be no spouse or children, parents of the deceased gain the right to file. This ensures that immediate family members who depended on or had close relationships with the deceased can seek justice even when a spouse is not available to act.
New for 2025: Siblings and Their Heirs
The most significant change for 2025 allows siblings of the deceased and their heirs (such as nieces or nephews) to file wrongful death lawsuits when no surviving spouse, children, designated beneficiary, or parents exist. This expansion acknowledges that siblings often share deep bonds and may suffer significant losses when a brother or sister dies due to someone else’s negligence.
This update particularly benefits families where the deceased was unmarried, had no children, and whose parents have already passed away. Previously, these families had very limited avenues for seeking justice through wrongful death claims, and now have a meaningful opportunity.
Common Challenges Families Face – And How We Help
Knowing who can sue is just one step. Families often encounter several obstacles that can complicate or derail their wrongful death claims. We are here to help you overcome them.
Timing and Priority Disputes
A frequent issue arises when multiple family members believe they have the right to file, or when eligible parties disagree about whether to pursue a claim. Since Colorado law permits only one wrongful death lawsuit per decedent, agreement and coordination among family members are crucial.
We often see situations where a surviving spouse prefers to wait, while adult children feel an urgency to file before evidence is lost or witnesses’ memories fade. These family disagreements can consume valuable time and energy that should be dedicated to building a strong case. Our firm can act as a neutral party, helping facilitate these difficult conversations and guiding your family toward a unified path.
Designated Beneficiary Clarity
Colorado recognizes designated beneficiaries, but many families are unsure what this means or whether such a designation applies to them. A designated beneficiary is someone specifically named in legal documents or insurance policies to receive benefits upon death. However, this designation does not automatically grant wrongful death lawsuit rights in all circumstances.
Determining whether a designated beneficiary exists and what rights they possess requires careful review of legal documents, insurance policies, and employment benefits. This analysis must happen quickly to avoid missing important deadlines. We provide clear, timely analysis to help you understand your position.
Estate Representative vs. Wrongful Death Claimant
Another area of confusion involves the difference between serving as the estate’s personal representative and having the right to file a wrongful death claim. These are distinct legal roles with different requirements and responsibilities.
Sometimes, the person appointed to handle the deceased’s estate is not the same person who has priority for filing a wrongful death lawsuit. This can create coordination issues and potential conflicts of interest that demand careful legal guidance. We clarify these roles and responsibilities, ensuring your family’s claim is handled correctly.
Steps to Secure Your Wrongful Death Claim
Taking the right steps early can make the difference between a successful claim and a lost opportunity. Here are specific actions you should take to protect your family’s interests, with our support.
Document Your Relationship and Losses
Begin gathering documentation that proves your relationship to the deceased and the losses you’ve suffered. This includes marriage certificates, birth certificates, financial records showing dependency, and evidence of the emotional and financial support your loved one provided.
Create a detailed record of how your loved one’s death has impacted your life, including lost income, increased expenses, and the value of services they provided. This documentation is fundamental for establishing damages later in the process, and we can guide you on what to collect.
Coordinate with Other Potential Claimants
Reach out to other family members who might have wrongful death rights and discuss your intentions. Since only one lawsuit can be filed, you will need to collaborate or reach agreements about who will take the lead.
These conversations can be challenging, especially when families are grieving, but addressing potential conflicts early prevents bigger problems later. Our attorneys can serve as a neutral party, explaining everyone’s rights and helping facilitate productive discussions to protect your family’s unified interest.
Preserve Evidence and Witness Information
Time works against wrongful death claims in many ways. Physical evidence disappears, witnesses relocate or forget details, and companies destroy documents according to their retention policies. Start preserving evidence immediately, even if you are not yet certain about filing a lawsuit.
Take photographs of accident scenes, gather contact information for witnesses, and ask that relevant parties preserve documents and physical evidence. Your attorney can send formal preservation letters to ensure important evidence is secured and does not disappear.
Consult with Experienced Legal Counsel Promptly
Colorado’s wrongful death law is intricate, and the 2025 changes add new layers of detail. Do not attempt to understand these complexities alone or assume you grasp your rights based on internet research or advice from well-meaning friends.
An experienced wrongful death attorney can swiftly assess your situation, explain your specific rights, and help you make informed decisions about how to proceed. Early legal consultation often reveals options and strategies that families miss when they try to handle things themselves, providing clarity and peace of mind.
Why Professional Legal Guidance is Essential
Wrongful death cases involve significant potential recovery, detailed legal procedures, and strict deadlines that can permanently prevent your claim if missed. The increased damages cap of $2,125,000 for 2025 claims means the stakes are higher than ever.
At McCormick & Murphy P.C., we have helped Colorado families recover millions of dollars in wrongful death cases. Our experience includes managing sensitive family situations where multiple parties have potential claims, understanding the new 2025 law changes, and maximizing recovery for our clients.
We understand that every family’s situation is unique. A sibling relationship in one family might be very different from another, and the financial impacts of losing a loved one vary dramatically based on individual circumstances. Our approach focuses on understanding your specific situation and creating a strategy that protects your interests while honoring your loved one’s memory.
Current Trends in Wrongful Death Claims
Several shifts in Colorado’s legal landscape are affecting wrongful death claims and the parties who can file them. The expansion of eligibility to include siblings reflects a broader recognition of diverse family structures and relationships.
Insurance companies are also adjusting their strategies in response to the higher damages caps. This means they are likely to contest cases more aggressively, knowing that potential payouts have increased significantly. Having experienced legal representation becomes even more important when facing well-funded insurance defense teams, as we are prepared to counter their tactics.
Additionally, Colorado courts are seeing more wrongful death cases involving complex family situations, including blended families, estranged relationships, and non-traditional family structures. These cases require attorneys who understand both the legal intricacies and the delicate family dynamics involved, an area where our firm excels.
Your Path to Justice Starts Here
If you have lost a loved one due to someone else’s negligence, time is your most valuable asset. Colorado’s statute of limitations for wrongful death claims is generally two years from the date of death, but delaying action can severely compromise your case.
The first step is to understand your specific rights under the new 2025 law and determine whether you have priority to file a claim. This involves analyzing your relationship to the deceased, identifying other potential claimants, and understanding the specific circumstances of your loved one’s death – all aspects we can clarify for you.
Do not let uncertainty about who can sue prevent your family from seeking the justice and compensation you deserve. The expanded eligibility under Colorado’s 2025 wrongful death law means more families have options than ever before, but only if they act promptly and with proper legal guidance.
Get the Compassionate Legal Help Your Family Deserves
At McCormick & Murphy P.C., we are dedicated to helping Colorado families understand their rights and pursue justice after losing a loved one. Our experienced team provides compassionate, knowledgeable guidance during one of the most difficult times in your life.
We offer free, no-obligation consultations to help you understand your options under Colorado’s wrongful death law. During this consultation, we will explain who has the right to file in your specific situation, discuss the potential value of your claim under the new damages caps, and outline the steps needed to protect your interests, all without any upfront cost to you.
Located at 929 W Colorado Ave, Colorado Springs, CO 80905, we serve families throughout Colorado who need experienced wrongful death representation. Our proven track record of recovering millions of dollars for our clients shows our commitment to achieving the best possible outcomes for the families we represent.
Do not face this challenging time alone. Call us today at (719)-389-0400 or email [email protected] to schedule your free consultation. Let us help you understand your rights under Colorado’s wrongful death law and take the first steps toward justice for your loved one.
Your family’s future may depend on the decisions you make today. With the right legal guidance and a clear understanding of who can sue under Colorado’s wrongful death law, you can focus on healing while we focus on fighting for the compensation and accountability your loved one deserves.
